Does not going into work constitute quitting even thoughyou call in sick?

UPDATED: Dec 29, 2011

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Does not going into work constitute quitting even thoughyou call in sick?

I called in sick (only 2x in year). I’ve had insomnia 20+ days and felt it was too dangerous to drive; I had cancer last year and was afraid that it metastasized to my brain; I made an appointment with my neurologist. My boss thought this this reason to not come in was invalid. I told her to find a replacement for the day(I recieve no sick pay cause I am part-time). The next day my boss said I quit my job because I refused to go into work and told her to find replacement. I told my b that to “find a replacement” meant to find a temp for that day. She insists I quit and told me not to work anymore and sent my final paycheck. She refuses to fire me and pay for unemployment. How can I collect?

Asked on December 29, 2011 under Employment Labor Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you have written, if you called in to your place of work because you had a legitimate issue with your insomnia stating that you were sick, you did not quit your position. It seems from what you have written, your boss apparently wanted to find a way to cease your employment at the place where you work.

If you in fact did not quit your work, I would write your employer stating that you did not quit and state that you are ready, able and willing to return to work where in fact you did not quit your work. Keep a copy of the letter for future need. If you are not allowed to return to work, I suggest you contact a labor attorney and possibly speak with a representative at the local labor department as to your situation with your employer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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